Allowed

Subash P.N., v. the State of Kerala

Kerala HC9 Aug 2019Bail Appl./5696/2019

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a pre-arrest bail application filed under Section 438 Cr.P.C. for a 15th accused in a cheating and forgery case. The court granted bail directed to be executed on a bond of Rs. 40,000 with sureties.

What did the court decide?

Release on bail on bond of Rs. 40,000 with two solvent sureties; conditions to report to IO, not tamper with witnesses, and avoid other offences.

Subash P.N., Vs the State of Kerala — Contract and Commercial Disputes | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

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FRIDAY, THE 09TH DAY OF AUGUST 2019 / 18TH SRAVANA, 1941

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Bail Appl..No.5696 OF 2019

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CRIME NO.2042/2014 OF Kollam East Police Station , Kollam

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PETITIONER/15TH ACCUSED:

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SUBASH P.N., AGED 59 YEARS S/O. NARAYANAN, PANDAKASSALAYIL, NEERAVIL PERINAD P.O, KOLLAM.

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BY ADVS. SRI.A.JAYASANKAR SRI.MANU GOVIND SRI.S.SABARINADH

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RESPONDENT/S:

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THE STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER/SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM DISTRICT , THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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SRI.C.S.HRITHWIK,PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.5696 OF 2019

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O R D E R

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The petitioner is the 15^th accused in Crime No.2042/2014 of Kollam East Police Station registered for the offences punishable under Sections 408, 420 and 477A read with Section 34 IPC and Section 94(8) of the Kerala Co-operative Societies Act.

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The petitioner has filed this application under Section 438 Cr.P.C.

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Heard.

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The learned Public Prosecutor has submitted that the petitioner has no criminal antecedent. It has been further submitted by the learned Public Prosecutor that the first accused was already granted the relief under Section 438 Cr.P.C. by the learned Single Judge as per order dated 06.08.2018 in B.A.No.4183/2018. It

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has been further submitted by the learned Public

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Bail Appl..No.5696 OF 2019

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Prosecutor that the first accused is the prime accused in the crime. Considering the facts and circumstances of the case, including the fact that the prime accused was already granted the relief under Section 438 Cr.P.C., I am inclined to grant pre-arrest bail to the petitioner as well.

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In the result, this bail application stands allowed and the respondent is directed to release the petitioner on bail in the event of his arrest in the above said crime,

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on condition of the petitioner executing a bond for Rs.40,000/- (Rupees forty thousand only), with two solvent sureties, each for the like sum to the satisfaction of the Station House Officer concerned, before whom the petitioner shall surrender within fifteen days, if not arrested in the meantime and subject to the following further conditions:

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Bail Appl..No.5696 OF 2019

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The petitioner shall report before the Investigating Officer as and when required by the Investigating Officer for interrogation.

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The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.

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The petitioner shall not get involved in any other offence during the pendency of this case.

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Sd/-

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B.SUDHEENDRA KUMAR

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JUDGE

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Nkr/09.08.19

Subash P.N., v. the State of Kerala

Case brief

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Subash P.N., v. the State of Kerala

Case brief

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